Terms and conditions

Please read the following terms and conditions (the “Terms and Conditions”) carefully before using the kluma.com website (the “Site”). These terms will apply to all purchases of goods in the United States when you order via our Site. Please read this document carefully before placing your order.

By accessing the Site, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use the Site. We recommend that you keep a copy of these Terms and Conditions for future reference. These Terms and Conditions can be saved electronically or printed by all users of our Website.

By accepting the Terms and Conditions when confirming your order, you confirm your unconditional acceptance of these conditions. Please note that Kluma may change these Terms and Conditions from time to time. The latest version of these Terms and Conditions is available on the Site.

SCOPE

The contract for supply of goods (“Contract”) will be formed when Kluma accepts your order. Acceptance of an order by Kluma can only be made in writing (letter, fax or email). Once the Contract has been formed with you Kluma will file it in paper copy for our records. All orders are subject to availability.

Orders may only be placed by customers aged 18 and over.

These Terms and Conditions and any matters referred to on our receipt form the entire understanding between you and Kluma any prior promises, representations (unless fraudulent) or undertakings.

Any omission or error in any sales literature, or in any advertisement whether in newspapers, magazines, on the Internet or otherwise or in any invoice or other document issued by Kluma may be corrected by Kluma without liability.

These Terms and Conditions comply in all respects with the Consumer Protection (Distance Selling) Regulations 2000 (as amended) and the Electronic Commerce (EC Directive) Regulations 2002.

Clause headings are for convenience only and do not affect the interpretation of these Terms and Conditions. Words in the singular include the plural and vice versa.

AVAILABILITY OF PRODUCTS

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock or are incorrectly priced or otherwise incorrectly described, we shall not be obliged to sell you such goods and we will refund any monies that you might have paid.

INFORMATION RELATING TO GOODS

Not all of the goods we sell are available for sale through the Site. We have made every effort to display the colors and textiles of our products that appear on the Site as accurately as possible however, as computer monitors vary, we cannot guarantee that products will be exactly as depicted on the Site. All orders are subject to availability.

ORDERS

Make sure you have selected your country before you start adding any product to your cart.

We try to ensure that the information posted on the Site is correct and up-to-date. We reserve the right to modify the contents of this Site at any time and without any prior warning. None of the material contained in the Site is to be relied upon as a statement or representation of fact. All images, illustrations and descriptions of the goods are for information only.

We try to ensure that the Site is reliable and available at all times, the Internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We cannot, and do not, guarantee the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content or services contained on the Site.

KLUMA SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT OR LOSS OF USE) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE SITE OR THE CONDUCT OF OTHER USERS OF THIS SITE, ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

When placing an order for the first time, you will be required to open an account with us and complete certain required fields on an order form. All steps necessary for placing an order are detailed on the Site.

Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors. All information on our Site is an invitation to treat only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the goods. We will acknowledge receipt of your order without delay by sending a confirmation email. Please note however that such confirmation email does not constitute acceptance of your order. No contract in respect of any products shall exist between you and us until your order has been accepted by us. If we do not accept your offer and funds have already been deducted from your account, these will be fully refunded. . All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the ‘Shipment Confirmation’). The contract for the purchase of a product between us (Contract) will only be formed when we send you the Shipment Confirmation. The Contract will relate only to those products whose dispatch we have confirmed in the Shipment Confirmation. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate.

REFUSAL OF ORDER

We reserve the right to not accept your order for any reason prior to the shipment of the goods. We reserve the right to cancel your order by written notice without liability for damages or costs other than those costs associated with the repayment of the amount received for your order.

When you send us your order, we may run some checks on your information before your order is completed and shipped. These checks may include address verification, credit availability and fraud. We may, from time to time, put an order on hold until these checks can be completed. We run automated and manual checks to filter out suspicious transactions. Suspected fraud will be investigated and prosecuted if necessary.

Consequently our Customer Service can request additional information or documents from you in order to confirm that you are the credit card holder of the card that was used to place the order. It can be the label related to the transaction, a picture of your ID and/or your credit card (making sure that only the last four digits, your name and the expiry date are shown, please hide the first 12 digits so that the credit card cannot be used at all). The Customer Service is the only recipient of the documents you will send, unless a police investigation requires us to provide these documents to the Police. They will not be kept more than 6 months in our system.

In case you do not reply to our request, we reserve the right to cancel the order. You have the right to access and modify any personal data with our Customer Service.

PRICE

All product prices are in USD or EURO. If an error is found in the price of goods you have ordered, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or canceling your order. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.

The delivery price is displayed at the end of the checkout process depending on the country you place your order from.

The price of the goods you order will be shown on the Site before you confirm your order and will be confirmed on the written confirmation that you will receive when the goods are delivered.

Prices may change from time to time.

PAYMENT

You must pay for the goods prior to their dispatch to you by credit card. The following credit cards are accepted:

Mastercard

Visa

American Express

Paypal

Your credit card will be debited at the time the order is placed; you must confirm to us the name which appears on the credit card to be debited, give the 16-digit card number and the expiry date as shown on the front of the card, as well as the security code on the reverse of the credit card. We undertake to keep this information strictly confidential. Your information will not be shared or sold EVER!

The billing address must be the exact same address as the one registered for the credit card you use for payment, as some banks use AVS (Address Verification System).

In the event that the sum due from you cannot be debited for whatever reason (including, without limitation, stopped payment, refusal by the issuer of the card), the sale will be cancelled immediately.

DELIVERY

The goods you order may be delivered in the United States or Canada.

The goods you order will be delivered during normal business hours once payment has been confirmed to the address which you give to us when you place your order. Delivery will be made by FedEx, UPS, DHL or LA POSTE from France. If there is no one at the address given who is competent to accept delivery of the goods, you will be asked to contact our courier service in order to arrange an alternative delivery date or a place to collect the goods.

No delivery will take place unless payment for the goods has been received. Every effort will be made to deliver the goods as soon as possible after your order has been accepted. Any delivery date or time specified by us is a best estimate only and we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. We will aim to deliver the goods within 30 days.

Shipping costs are subject to change at any time. Ownership of the Goods and the risk for damage to the goods passes to you upon delivery.

If, at the time of delivery, the packaging is damaged, you are required to open the package in the presence of the carrier in order to verify the condition of the goods. In the event of damage to the goods, you should note the details on the delivery note and the email contact at contact@kluma.com

In the case of a product being out of stock, we will contact you to know what you would like to do, either receive only the items in stock and be refunded for the ones out of stock, or cancel the whole order.

YOUR RIGHT OF CANCELLATION OF GOODS

You have the right to cancel the Contract at any time up to the end of 30 days after you received the goods. If you exercise your right of cancellation, you will be responsible for returning the goods to us as soon as possible in their original condition. The return shipping is included if you use our prepaid return label. The goods have to be in their original packaging, complete with any related accessories or instruction booklets, together with the duly completed return label and the original packing list.

If you do not return the goods as required under these Terms and Conditions, we will charge you a sum not exceeding the direct cost of recovering those goods.

Please log in onto your kluma.com account, go to order, select the order in question and print the return label, and arrange the product pick-up or deposit at your nearest mail center.

We will refund or re-credit you after we have received the returned goods and at the latest within 30 days for any sum that has been paid by you or debited from your credit card for the goods.

No refund will be offered for goods that are returned by the customer incomplete, damaged or soiled. In this case the product will be sent back to you.

It is your responsibility to obtain proof that the goods have been returned, for your protection. The cost of returning the goods shall be covered by you. Please note that we don’t make any exchanges at this time.

COOKIES AND OTHER TRACKERS

Cookies are text files your web browser stores on your computer, smartphone or tablet when you browse the Internet. These files are used to improve your user experience and allow us to optimize our Site (in terms of contents and functionality).

FUNCTIONAL COOKIES

These are the cookies our Site writes onto your device for browsing, optimizing and customizing purposes (save the products you add to your cart, remember the country and language, know that you logged in, not request from you an information you already provided, …). Disabling these cookies will make your browsing less smooth and easy.

PERFORMANCE COOKIES

They anonymously collect information about the way our Site is used, and they allow us to improve the way how the Site works (errors that occur, loading time of pages, …).

AUDIENCE COOKIES

They collect data about the way our Site is used and about people who browse it, anonymously. Then this data is put together in order to get statistics that will make it possible for us to help the Site evolve (country, city, device, browser, time spent on each page, etc.).

ADVERTISING COOKIES

They make it possible for us to show you ads or information related to your interests (on our Site and on other websites) while you browse the Internet. For instance they can be used to prevent you from getting the same ad, or to help us measure the efficiency of an advertising campaign. Refusing such cookies does not have any impact on the use of our Site, nor will it prevent you from receiving ads on our Site (or other ones). The only difference is that they will not be targeted to you (as we will not know your interests or preferences).

DISABLING COOKIES

Cookies can be disabled directly in your Internet browser, by default or defining which sites you allow them. If you don’t wish to have any cookies written onto your device, you need to disable them from your Preferences menu, most of the time in the Privacy section. You will find all the necessary information about the procedure on each browser’s official website.

LIMITATION OF LIABILITY

KLUMA SHALL NOT BE LIABLE TO YOU BY WAY OF REPRESENTATION (UNLESS FRAUDULENT), OR UNDER ANY EXPRESS OR IMPLIED TERM OF THE CONTRACT FOR:

ANY LOSSES WHICH ARE NOT REASONABLY FORESEEABLE BY BOTH PARTIES WHEN THE CONTRACT IS FORMED ARISING IN CONNECTION WITH THE SUPPLY OF GOODS AND RELATED SERVICES OR THEIR USE BY YOU;

ANY LOSSES WHICH ARE NOT CAUSED BY ANY BREACH BY US;

BUSINESS OR TRADE LOSSES.

Our entire liability in connection with the contract will not exceed the purchase price of the goods in question.

Nothing in these Terms and Conditions excludes or limits any personal liability for death or personal injury arising from their own negligence, nor any personal liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in this Terms and Conditions affects your statutory rights as a consumer.

Kluma shall repair, replace or refund, free of charge, any goods damaged or lost in transit where delivery has been made by our carrier, provided that:

you give us written notification (letter, fax or email) of such damage (in this case please send us pictures so that we can judge what has to be done) or loss within 24 hours of the delivery date in the case of damage and within 24 hours of the estimated delivery date notified to you at the time you placed your order in the case of loss, in order that we may comply with our carrier’s conditions of carriage;

you produce to us any receipt or other documents relating to the goods in question together with (in the case of a claim for damage) the original packaging for the goods.

DELAY OR FAILURE TO PERFORM

We shall not be liable to you if we are prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our reasonable control including (without limitation): an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure of our supplier(s); failure by you to give us a correct delivery address or notify us of any change of address.

GOVERNING LAW

The Contract is governed by the laws of Luxembourg and the Luxembourg Courts shall have the exclusive jurisdiction to resolve any disputes arising out of or under it. No waiver by us of any breach of the Contract by you is considered as a waiver of any subsequent breach of the same or any other provision.

INTELECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Site shall remain at all times vested in Kluma. You are permitted to use this material only as expressly authorized by us. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.

USER GENERATED CONTENT

The information or personal details that you provide us with shall be processed pursuant to the Privacy Statement. By using this website you are consenting to the processing of such information and details and you represent that the whole information or details you have provided us with are true and accurate. We will inform you of any such unforeseen event within seven days of its occurrence. Should this interruption continue beyond a period of two weeks, you will be entitled to cancel the order, and a refund will be made in accordance with clause 10 of these Terms and Conditions.